What is a brand in motion?
a. Moving or animated brands are those that, with the advent of television, video and their globalization, have meant a link between moving images and brands. Whereas brands, traditionally, only included words, images or a combination of both. Therefore, what a moving or animated brand allows is to distinguish something beyond the static, a conjunction between image and mobility.
b. The representation of the mark in motion shall consist of an image or a series of still or moving images that together describe the movement, duly numbered; accompanied by an analog or digital recording of the image(s).
c. "Moving or animated marks consist of a series of images that together describe the movement of a product, but again, they must be distinctive, for example, the way in which a car usually opens its doors could not be a moving mark, since this would be a technical function and would not, in itself, allow it to be associated with a specific company. An example of a moving mark is the following"
2. Steps for registration
- Determine the mark to be protected, and the product or service on which you wish to distinguish your mark in the International Classification.
- Study the viability of the proposed mark; this means to verify that the mark complies with the requirement of distinctiveness:
- Be capable of distinguishing goods or services (Art. 134 of Decision 486).
- Not to infringe rights, in particular that it is not similar to a previously registered or requested (Art. 136 of Decision 486).
- The trademark application, which must include the following:
- Applicant's data: That is to say who will be the holder of a trademark, which may be one or several natural or legal persons.
- Data of the trademark: Type of trademark (in motion), class within the NIZA international classification of goods and services, distinguish (the list of goods and services on which you would like to distinguish your trademark).
- If required, additional information such as "claiming priority" (prior filing of the same mark abroad) or if filed to prove real interest for Andean opposition (in case someone wants to register your mark in a member country of the Andean Community of Nations).
- Compile the following particular requirements for the presentation of a moving mark:
- Image with the different phases of movement
- Video on USB or Disk in GIF format
- The registration procedure has five (5) stages:
- Filing of the application: Complying with the above mentioned requirements.
- Formal examination: Carried out by Indecopi to verify formal aspects in the application, such as the above mentioned requirements, among others.
- Publication of the trademark applied for: By Indecopi so that, if it is the case, someone may file an opposition against the trademark applied for and thus avoid its registration. Such opposition may be argued by the applicant in response.
- Substantive examination: Carried out by Indecopi, also known as registrability examination.
- Issuance of the resolution: Where the trademark and its registration certificate will be granted, if applicable, and the applicant may respond to the resolution in case of disagreement with the result.
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3. MERTZ Audiovisual Branding
Mertz brand in motion
Example of a trademark in motion on the indecopi website:
4. Other relevant information
"The World Intellectual Property Organization - hereinafter WIPO - defines animated or multimedia signs as those "[...] signs consisting of the movement of a given object (e.g., a combination of the object and the visually perceptible movement). The moving image may be a fragment of cinematographic or video film, or the moving logo of a television program, [...]"